My question involves child abuse or neglect in the State of: TEXAS
Three days after my decree was entered, I discover through a friend that EX is AGAIN abusing and trafficking pain pills. I gave tons of evidence to custody evaluator and my lame ex attorney including (1) "doctor shopping" - prescription records documenting her filling prescriptions for hydrocodone from 5 different doctors, none of which is her primary care physician; (2) audio recordings wherein she admits to illegally obtaining and distributing with the children present hydrocodone, xanax, and provogil, including 2 incidents with the children present. (3) Audio recording of her friend stating that she and EX purchased pills from a “dealer”; (4) text messages, email, US mail from friends evidencing distribution. My evidence was not even acknowledged in the custody evaluator's report, nor was any of it introduced by my former attorney in Court. Ex cleaned up for a few moths for the purpose of the case and custody evaluation and is now back at it again.
I audio recorded my sessions with custody evaluator, wherein he states that he is a 30 year "buddy" of opposing counsel. I am quite certain, based on the resulting report and recommendation, that the report is not only biased but fraudulent. The report and custody evaluator's testimony is FILLED with false and misleading statements of material fact and he has gone to great lengths to minimize and conceal my ex's many, many issues including her drug abuse, physical abuse of me and the children, inability to manage the children's education, and mismanagement of their medical needs.
So now what do I do? My inept ex attorney collected his $40K and now I'm broke. I know I can file a motion for a new trial and can definitely do a better job of presenting my case myself. I really don't even want another attorney based on what I've seen. But will I even be granted a new trial? So, I think I understand that I can not re-argue the case now that the decree is entered but must present new evidence in a motion for a new trial? I have requested "findings of fact and rulings of law" so should I wait to receive this before filing a motion for a new trial? Or file a motion now?
Since trial, my ex 1) continued abusing controlled substances; 2) i have received emails, phone calls, and notes from the children's teachers that homework is not being completed on her possession time; 3) i have new evidence that she has mismanaged the children's medical needs before and after trial.
Is any of this grounds for an emergency order? If so, exactly how to I proceed? By motion(s)? What do I name the motion(s)? By Petition? Is there a form? (if so, the law library is clueless)
I'm just sick about this whole thing and worry constantly about my kids while they are in her possession. My ex should have been ordered to an in-patient substance abuse treatment facilty when I first filed for divorce with evidence in hand. Here we are 15 months later and she still needs to be ordered to treatment. What about my kids? I keep getting told that the bar is low for posession in the Courts. How can a concerned parent accept a statement like this?
Should I call the police and turn all my evidence over to them? CPS? I just can not let this continue.
Thank you in advance for your advice.

